Some examples of people we have helped.
Mrs W came to us as a creditor had taken action against her to recover an unsecured £12,000 loan. She had taken out the loan to assist her husband to repay his debts. The husband had since left the country so the creditor was pursuing Mrs W for repayment of the loan.
The husband tried to obtain a loan himself but due to his credit rating he was refused but the creditor advised that if his wife, our client, was joint applicant he could have a loan. Mrs W had agreed. The creditor knew the loan was to pay the husbandís debts. The creditor telephoned our client to obtain her bank details but did not advise her to take independent financial advice.
The loan agreement was taken by hand to their home by a courier. Mrs W was not sure about signing the agreement but her husband became angry and threatened her, so she signed. The courier was present during this incident.
The loan was paid into the husbandís bank account.
We made representations to the court that this was a contract agreed to under undue influence and consequently our client was not liable for the debt. The creditor was put on notice that the loan was for the husbandís sole advantage, to pay off his debts. The creditor paid the loan into the husbandís bank account so our client did not materially gain from the loan. The creditor had the opportunity to advise Mrs W that she should take independent financial advice in the telephone conversation with her but did not do so.
The court decided that this was a case of undue influence and our client was not liable to repay the debt.
Our client would never have known about the defence of undue influence without our advice. She would have had to repay a £12,000 debt she was not liable for.
Charging order on property
Mr B, whose first language was not English, came to us for advice regarding a charging order on his property. He was unemployed and receiving means tested welfare benefits. He had been criminally charged with defrauding a high street bank but a handwriting expert had confirmed the signature on the documents was not his. All the criminal charges against him had been dropped. /p>
However the bank pursued him for the alleged debt in the civil courts, obtained judgement against him and then a charging order on his home. He applied to court to set aside the judgment on the grounds that he did not owe the debt due to the handwriting expert findings. He appeared before the court with a friend due to his limited English. The court dismissed his claim due to lack of evidence.
He came to us for advice. We contacted his criminal solicitors for the information we needed and presented this to the Bankís solicitors, who agreed to remove the Charge on his home and not to object to the application to set aside the judgement.
When Mr B had represented himself it was a waste of court time as he did not know what evidence to present. Once we had obtained the correct information we were able to proceed via a consent order and avoid a costly court hearing. Without our intervention the Mr B would still have a debt, which he did not owe, secured on his property for in excess of £18,000.
We advised on the court procedures for applying to set aside a judgment, the need for evidence, his liability for the debt and the legal implications of a charging order.